Judge grants motion for handwriting samples in capital murder case

BAY MINETTE, Alabama -- A judge has granted a defense motion that asks for handwriting samples from a man who purportedly wrote a letter that says his co-defendant is innocent of capital murder.

The letter that is purportedly from Cortez Porter, 23, claims that Porter committed perjury during Floyd Casey's trial at the request of prosecutors, court records state.

Casey, 22, and Porter were arrested in the 2008 killing of Edward McCrory, 52, who lived near Magnolia Springs.

Casey has been convicted of capital murder, and a jury has recommended sentencing him to death. A capital murder charge still is pending against Porter.

The defense has asked Circuit Judge Charles Partin to vacate the verdict in Casey's trial. The defense's motion is based on the letter and Casey's claim that he and a juror had an altercation prior to his trial.

In court documents, the prosecution says that it appears that the letter was produced by another inmate, and the juror will testify that he does not know Casey.

The prosecution also says in the documents that Porter was not asked to commit perjury.